Did Tony Stewart commit a crime when he hit Kevin Ward Jr.? No sense in racing to a conclusion

After all ... that's been the go-to line anytime someone wants to dismiss an opinion on the Tony Stewart/Kevin Ward Jr. tragedy, right? The world has seen the video of Stewart's car hitting Ward after he walked out of his wrecked car a million times. Yet it doesn't matter what you say about it. Unless you are a dirt-track driver, have driven dirt-track cars, frequently attend dirt-track events or occasionally just do some good ole-fashioned boggin', your opinion apparently doesn't mean crap.

That's been my experience on this topic, anyway. Since the incident in Canandaigua, New York, that claimed Ward's life, our station has taken hundreds of texts, phone calls and emails in response. If you think Stewart ran over Ward on purpose -- or at least drove close to him to spook him -- someone in the (apparently far bigger than I ever could have imagined) dirt-track community will tell you that your uninformed opinion couldn't possibly be right because:

Those tracks are dark. He couldn't see Ward on foot.

Ward was wearing a dark racing suit. And what was he doing walking on the track anyway?

You have to steer those types of cars by accelerating. That's why there is audio of the engine racing on the tape.

All cars in that area of the track are going to fish tail a bit to get around.

There are no windshields. He may have had mud on his visor.

No driver would break the code of doing that to another.

Slow-motion video makes it looks like Ward is grabbing the wing of Stewart's car on purpose.

Similarly, if you say Stewart didn't hit Ward on purpose (or at least try to intimidate him), you couldn't possibly know what you are talking about as a non-race car driver because:

Those tracks are brighter than that tape shows. So he saw him.

Ward was wearing black, but there were orange reflectors on his gear.

Stewart is a renowned hot head who made his rep based on intimidation.

Every other car missed Ward, how come Stewart didn't?

Most drivers have tear-away film visors for the mud.

You can hear the engine rev on tape.

OK then, let me advance this question: If there is so much room for debate, why does everyone with an opinion in this case act like it is so black and white?

Again, speaking from my own experience dealing with lots of sports fan reaction to this case -- a great deal of which has come from people who claim to have far more knowledge about the sport than me, and aren't afraid to tell me so -- there is nearly a 50-50 split perception of Stewart's intent or lack thereof. And if that's been my experience, I'm guessing potential prosecutors of Stewart probably are getting the same blurred feedback in their investigation.

Was Ontario County Sheriff Philip Povero a bit too dismissive on the night of the incident when he quickly stated no charges were pending? Many say so. I don't. He was simply stating facts. No charges were pending. Now an investigation looking into the many different points of view stated above is ongoing. It may last another week. What's wrong with that? Regardless of which side of the fence you land on, there seems to be a lot of information to surf through. A death occurred. It's a weighty matter. Investigate it. And then, perhaps, charges will follow.

But that investigation better turn up something the public doesn't know about yet. A more clear angle from another piece of video. Maybe testimony from numerous fellow drivers who saw him yelling at Ward or pointing or flipping the bird. Maybe a crew member who heard a guilt-addled Stewart confess to swerving at Ward in an attempt to make him jump back. Something!

Short of those hypothetical circumstances developing, count me among those who think filing charges would be a complete waste of time. This case is sure-fire loser. And I don't even mean charging Stewart with murder. Even his biggest critics aren't suggesting he meant to kill Ward. So first-degree murder (with intent) likely is out. But as Sports Illustrated legal expert Mike McCann (a guest of ours last Monday) wrote, "It is at least plausible that a grand jury could conclude that while Stewart did not intend to kill Ward -- which, when accompanied by other elements, would constitute murder in the first degree -- he may have engaged in conduct consistent with murder in the second degree. Under New York law, murder in the second degree entails acting with a depraved indifference to human life and recklessly engaging in conduct that 'creates a grave risk of death to another person, and thereby cause the death of another person.' New York classifies murder in the second degree as an A-I felony, and it carries up to a life sentence and minimum of 15 years behind bars."

Still, unless some heretofore unpublicized piece of evidence exists, why would Ontario County District Attorney R. Michael Tantillo seek a grand jury to decide if Stewart should be charged? It's pointless. Are you telling me that Stewart, a man of significant wealth, couldn't hire a defense team capable of successfully advancing any or all of the arguments listed above on his behalf to raise a reasonable doubt in this case to acquit him? Even Joe Pesci in "My Cousin Vinny" should be able to slam dunk this case on Day 1.

How about the quotes from driver Cory Sparks? He was driving in that race. He told Rochester Warner Cable news, "From what I saw, Tony did everything in his power to turn away from Kevin to avoid him." If I'm on a jury (with my non-racin' brain unable to understand the sport) that's all I need to hear. He's acquitted. Give me 10 drivers claiming he drove close to Ward on purpose if you want. I've got one swearing on a Bible that he didn't. That's reasonable doubt.

Do I think Tony Stewart "barked his engine" at Kevin Ward Jr. or "buzzed his tower." Yes, I do. Could I ever prove it? No, I couldn't. And my guess is prosecutors will come to the same conclusion. Barring some sort of smoking gun out there we don't know about, my belief is that history will look back at this incident as a bad accident and not a crime that was committed.

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